Rich v Basterfield: 5 Feb 1846

A landlord can be liable in nuisance for the acts of his tenant where the very nature of the letting would lead to that nuisance: ‘If a landlord lets premises, not in themselves a nuisance, but which may or may not be used by the tenant so as to become a nuisance, and it is entirely at the option of the tenants so to use them or not, and the landlord receives the same benefit whether they are used or not, the landlord cannot be made responsible for the acts of the tenants.’


[1847] 4 CB 783, (1847) 136 ER 715, [1846] EngR 391, (1846) 2 Car and K 257, (1846) 175 ER 106




England and Wales

Cited by:

CitedMowan v London Borough of Wandsworth and Another CA 21-Dec-2000
The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.
Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who . .
CitedSmith v Scott ChD 1973
It is not open to the court to reshape the law relating to the rights and liabilities of landowners by applying the principle of Donoghue v Stevenson [1932] AC 562 and thus saying that a landowner owed a duty of care to his neighbour when selecting . .
CitedLMS International Ltd and others v Styrene Packaging and Insulation Ltd and others TCC 30-Sep-2005
The claimants sought damages after their premises were destroyed when a fire started in the defendants neighbouring premises which contained substantial volumes of styrofoam. They alleged this was an unnatural use of the land.
Held: To . .
CitedLawrence and Another v Fen Tigers Ltd and Others QBD 4-Mar-2011
The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. . .
Appeal fromRich v Basterfield 3-Jul-1947
Although the owner of property may, as occupier, be responsible for injuries arising from acts done upon that property by persons who are there by his permission, though not strictly his agents or servants, such liability attaches only upon parties . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Nuisance

Updated: 12 April 2022; Ref: scu.186071